This article is the third in our five-part series breaking down CanAm’s recent webinar, Navigating EB-5 Visa Backlogs in 2025. In Part 1, we explored the surge in EB-5 demand and the inevitability of visa backlogs. In Part 2, we looked at how the visa allocation system works—and why nationality and category matter so much.
Now in Part 3, WR Immigration Partner Joey Barnett explains why concurrent filing has been a game-changer for investors already in the U.S., and how the September 30, 2026 grandfathering deadline is shaping EB-5 strategy today.
Concurrent Filing: A Critical Benefit
One of the most important changes introduced by the EB-5 Reform and Integrity Act (RIA) of 2022 was concurrent filing. This option allows investors lawfully in the United States to submit their EB-5 petition (Form I-526E) and their adjustment of status application (Form I-485) at the same time—provided a visa is available.
That simultaneous filing unlocks immediate interim benefits:
- Work authorization (Employment Authorization Document)
- Travel authorization (Advance Parole)
- Lawful presence in the U.S. while the adjustment is pending
As Barnett explained:
“Concurrent EB-5 filing is a huge benefit. It allows you to file for work and travel authorization immediately while your green card petition is pending.” – Joey Barnett
For international students nearing the end of OPT or professionals stuck in H-1B or EB-2/EB-3 backlogs, concurrent filing provides a critical safety net—a backup plan if their nonimmigrant visa status expires.
The Limitations of Concurrent Filing
It’s important to understand that while concurrent filing provides short-term benefits, it does not eliminate the backlog. Investors still need a visa to become available in their category and country before USCIS can adjudicate their green card.
As Barnett cautioned, “Your green card is still dependent on the visa queue. There will be wait times, particularly for Chinese and Indian nationals.”
The 2026 Grandfathering Deadline
Another key theme Barnett highlighted was the September 30, 2026 “grandfathering” deadline. Under the RIA, any investor who files before this date is protected—even if the EB-5 Regional Center Program lapses after 2027. Their petitions will still be adjudicated under current law.
“An investor who files their I-526 by September 30, 2026 is grandfathered. That means even if the EB-5 Regional Center Program is not reauthorized after 2027, those filings still get adjudicated under current law.” – Joey Barnett
This safeguard does not accelerate visa issuance or provide priority in the queue, but it ensures eligibility. As a result, many industry leaders expect a rush of EB-5 filings in the months leading up to the deadline.
Why This Matters Now
Barnett warned investors not to misinterpret the timing:
- The benefits of concurrent filing are immediate—work/travel authorization and lawful presence.
- But visa availability still governs green card issuance. If retrogression occurs, families may wait years before USCIS can finalize their adjustment.
- Filing before the 2026 deadline is critical for preserving eligibility, even though it doesn’t shorten the backlog.
For families in the U.S. weighing their options, these distinctions are crucial.
Key Takeaways from Part 3
- Concurrent filing lets investors file I-526E and I-485 simultaneously, unlocking work and travel authorization.
- These interim benefits are especially valuable for students and professionals facing expiring non-immigrant visas.
- Concurrent filing does not eliminate the backlog—green card issuance still depends on visa availability.
- The September 30, 2026 deadline is critical: filing before it preserves eligibility, even if the program is not reauthorized.
Download the Full White Paper
For a deeper dive into visa availability, backlog projections, and strategic investor considerations, CanAm commissioned EB-5 analyst Suzanne Lazicki to author a comprehensive white paper:
Download the White Paper: Visa Availability and Allocation – Q&A for 2025
This resource expands on the data and themes discussed in the webinar and provides critical context for families evaluating the EB-5 program today.
